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Articles 4591 - 4620 of 12807
Full-Text Articles in Entire DC Network
Income Tax- Corporations-Legal Expenses Incurred In Sale Of Assets Pursuant To A Section 337 Liquidation Are Deductible-United States V. Mountain States Mixed Feed Co., Michigan Law Review
Income Tax- Corporations-Legal Expenses Incurred In Sale Of Assets Pursuant To A Section 337 Liquidation Are Deductible-United States V. Mountain States Mixed Feed Co., Michigan Law Review
Michigan Law Review
In 1961, the stockholders of the Mountain States Mixed Feed Co. voted to liquidate the corporation in such a way as to comply with the requirements of section 337 of the Internal Revenue Code of 1954 (Code). That section provides that if a corporation adopts a plan of complete liquidation, and then within twelve months distributes all its assets, it will not recognize a gain or loss for income tax purposes from the sale or exchange of certain types of property. The corporation sold all of its assets and qualified for non-recognition treatment under section 337. It then claimed a …
Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer
Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer
Michigan Law Review
A Review of International Peace Observation-a History and Forecast By David W. Wainhouse in association with Bernhard G. Bechhoefer, John C. Dreier, Benjamin Gerig and Harry R. Turkel.
Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal
Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal
Michigan Law Review
A Review of Federalsim and Supranational Organizations. Patterns for New Legal Structures. By Peter Hay
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles and Comments Appearing in Leading Law Reviews
Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review
Labor Law-Nlrb Regulation Of Employer's Pre-Election Captive Audience Speeches, Michigan Law Review
Michigan Law Review
One of the most effective weapons that an employer may utilize to dissuade his employees from accepting unionization is an antiunion speech delivered to the assembled employees on company time and property shortly before a scheduled representation election. Two recent National Labor Relations Board (NLRB) decisions have provided an opportunity for reopening the much debated question of a campaigning union's right to reply under equal opportunity conditions to such a captive audience speech. In McCulloch Corp., a union sought to have the unfavorable results of a representation election set aside on the ground that the employer's refusal to allow …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 65, Issue 6 of Michigan Law Review
The Elementary And Secondary Education Act The Implications Of The Trust-Fund Theory For The Church-State Questions Raised By Title I, Jon Feikens
Michigan Law Review
The issues raised by the granting of federal aid both to education in general and to non-public education in particular have caused considerable controversy in recent years. Although several federal statutes dealing with various aspects of both types of aid had been enacted previously, the early 1960's saw an increased desire on the part of Congress to enter this area with a comprehensive plan. Finally, in 1965, the question of aid to education in general was resolved in favor of carrying the war on poverty to the elementary and secondary schools. Simultaneously, a so-called "church-state settlement" was reached whereby it …
Security Aspects Of The Abc Transaction, John T. Schmidt
Security Aspects Of The Abc Transaction, John T. Schmidt
Michigan Law Review
In recent years, investments in subterraneous oil and gas have become a common addition to the investment portfolios of national financial institutions. Relying on the assurances of reputable geological studies, traditionally conservative financers have invested amounts ranging up to several hundred million dollars against collateral once accepted only by speculators and a few adventurous oil-country bankers. The increased interest in these investments is in part attributable to the development of the ABC method of financing the purchase of producing oil and gas properties. This method offers unique tax advantages, which have been discussed elsewhere, but also creates problems for the …
Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review
Constitutional Law-Church And State-Shared Time: Indirect Aid To Parochial Schools, Michigan Law Review
Michigan Law Review
For over forty years, public schools have been participating in shared time programs pursuant to which non-public school children attend public schools for instruction in one or more subjects during the regular school day. Since ninety per cent of the pupils in nonpublic elementary and secondary schools are in Roman Catholic schools, shared time-or, as it is also known, dual enrollment raises questions of an establishment of religion in contravention of the provisions of the first amendment to the Constitution. To date, no court has faced this constitutional issue and only three state courts have ruled upon the validity of …
Falk & Mendlovitz: The Strategy Of World Order, Rosalyn Higgins
Falk & Mendlovitz: The Strategy Of World Order, Rosalyn Higgins
Michigan Law Review
A Review of The Strategy of World Order. 4 vols Edited by Richard A. Falk and Saul H. Mendlovitz
Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin
Hawley: The New Deal And The Monopoly Problem, Arthur D. Austin
Michigan Law Review
A Review of The New Deal and the Monopoly Problem By E. W. Hawley
Gilmore: Security Interests In Personal Property, Jerry P. Belknap
Gilmore: Security Interests In Personal Property, Jerry P. Belknap
Michigan Law Review
A Review of Security Interests in Personal Property 2 vols. By Grant Gilmore
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles and Comments Appearing in Leading Law Reviews
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
A Divided Country In Foreign Courts-Recent Litigation Involving Germany's Legal Status And The Zeiss Stiftung, Herbert L. Bernstein
Michigan Law Review
The partition of countries in the wake of the second World War accounts for two Asian battlefields: Korea and Viet Nam. In Europe, where a dividing line was drawn through Germany, military hostilities have been avoided thus far. Instead, the controversies originating from that line are fought out at the conference table, through public and private media of communication, and in the courthouses.
Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost
Sec Enforcement Of The Rule I0b-5 Duty To Disclose Material Information-Remedies And The Texas Gulf Sulphur Case, Edmund B. Frost
Michigan Law Review
On April 16, 1964, the Texas Gulf Sulphur Company announced one of the most significant mineral discoveries of the twentieth century-a major copper and zinc deposit near Timmins, Ontario, found by means of geophysical exploration and exploratory drilling. Unusual market activity prior to this announcement prompted a Securities Exchange Commission (SEC) investigation of insider stock transactions. In April 1965, the SEC brought suit against a group of Texas Gulf insiders, alleging that their purchase of stock on national exchanges before the disclosure of the information concerning the Timmins strike constituted a violation of section 10(b) of the Securities Exchange Act …
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 65, Issue 5 of Michigan Law
Reformation And The Parol Evidence Rule, George E. Palmer
Reformation And The Parol Evidence Rule, George E. Palmer
Michigan Law Review
The parol evidence rule of itself is never an obstacle to reformation, provided there is satisfactory evidence of a mistake in integration. If the parties intend to express the terms of a transaction in a writing, which is then to be looked to as the sole repository of those terms, the longstanding tradition of the law courts, described as the parol evidence rule, has been that the writing is controlling. If through mistake the writing failed to express correctly what the parties meant to express, the law courts still regarded the written word as decisive, but it has been recognized …
Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick
Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick
Michigan Law Review
Those who have become accustomed to keep one ear cocked for the five-part harmony relentlessly ground out by the mimeograph machines at NLRB headquarters on Pennsylvania Avenue-those whom one may call professional Board-watchers-have doubtless noticed how fashions come and go in the subjects of NLRB litigation. It is as if the interest of litigants as easily wanes as does that of the reader of opinions, for there is a fairly regular succession of themes, each to be developed for a time until, as though by common consent, attention swings toward a different problem entirely. The wave of the present, I …
Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand
Slumlordism As A Tort, Joseph L. Sax, Fred J. Hiestand
Michigan Law Review
The war against poverty has been fought with rather more vigor than its initiators contemplated. Thus far, however, the major engagements have taken place in the streets of Watts and Chicago, which is not quite what they had in mind. Some, who think it odd that as we pass more laws we get more lawlessness, will perhaps content themselves by observing that the feeding hand is always bitten. Those less easily satisfied have begun to see the need for adopting some legal solutions as far reaching as the problems they are designed to abate; the following article is addressed to …
Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review
Federal Rules Of Civil Procedure-Rule 19 And Indispensable Parties, Michigan Law Review
Michigan Law Review
The reformulation of compulsory joinder rules, urged by commentators for a decade, has been realized with the 1966 amendment to rule 19 of the Federal Rules of Civil Procedure. Prior to the amendment, courts consistently held that the absence from the lawsuit of persons who were "indispensable" deprived the court of power to adjudicate the action. The amendment to rule 19 is an effort to establish a methodology which requires a practical consideration of the factual situation at hand when determining the propriety of permitting a case to continue even though certain parties are not joined. A brief look at …
Inter Vivos Trusts-Potential Beneficiary's Right To Compel Trustee To Render A Formal Accounting And Disclose Information, Michigan Law Review
Inter Vivos Trusts-Potential Beneficiary's Right To Compel Trustee To Render A Formal Accounting And Disclose Information, Michigan Law Review
Michigan Law Review
In recent years the inter vivos or living trust has become a popular method of disposing of property and in the future its use is likely to be even more widespread. Consequently, it has become increasingly important that the law governing such dispositions be both unequivocal and just. Unfortunately, in at least one situation this is not the case: When a person, believing himself to be a potential beneficiary of an inter vivos trust, seeks to compel the trustee to render a formal accounting or disclose information concerning the extent of his interest, he will find the law ambiguous and …
Science-Computers-The Use Of Data Processing In Legal Research, Michigan Law Review
Science-Computers-The Use Of Data Processing In Legal Research, Michigan Law Review
Michigan Law Review
In 1960, at the American Bar Association Annual Meeting in Washington, D.C., representatives of the University of Pittsburgh Health Law Center conducted a demonstration of the use of an electronic computer in searching statutory materials. For purposes of the search, each statutory section had been numbered consecutively and programmed into the computer which contained an alphabetical list of every word in the statutes (with the exception of articles) and their location. To locate material on a given topic, the searcher requested the machine to list the location of key words or combinations of words which he believed were present in …
Antitrust-Venue-Time Of Venue Under Section 12 Of The Clayton Act Refers To Time When Action Accrued-Eastland Construction Co. V. Keasbey & Mattison Co., Michigan Law Review
Antitrust-Venue-Time Of Venue Under Section 12 Of The Clayton Act Refers To Time When Action Accrued-Eastland Construction Co. V. Keasbey & Mattison Co., Michigan Law Review
Michigan Law Review
In 1964, plaintiff brought a treble damage suit under the Clayton Act in the Federal District Court for the Northern District of California, alleging that defendant had violated the antitrust laws while doing business in that district. Defendant, a Pennsylvania corporation which formerly had conducted a portion of its business in California but which had ceased all activities there in 1962, moved for dismissal, arguing that venue was improper because it was not transacting business in the Northern District of California at the time suit was instituted. On appeal from a ruling by the district court granting the motion for …
Bankruptcy Preferences-Secured Transactions-Security Interest In After-Acquired Property Is Voidable Preference If Received Within Four Months Of Bankruptcy-In Re Portland Newspaper Publishing Co., Michigan Law Review
Michigan Law Review
In an effort to provide employment for several hundred workers who had lost their jobs in an unsuccessful strike against Portland's two largest newspapers, the local printers' unions and several civic leaders organized the Portland Reporter Publishing Co. (Reporter) to publish a rival newspaper. The unions also formed the Rose City Development Co. (Rose City), which leased facilities and equipment to Reporter and subsequently made several emergency operating loans to it. These loans were secured by an agreement designating as collateral all of Reporter's previously unsecured accounts receivable, both present and after-accruing. This type of agreement -securing after-acquired property of …
Gift Taxes-Interest-Free Demand Loans Are Not Taxable Gifts-Johnson V. United States, Michigan Law Review
Gift Taxes-Interest-Free Demand Loans Are Not Taxable Gifts-Johnson V. United States, Michigan Law Review
Michigan Law Review
Over a period of several years, taxpayer transferred substantial amounts of money to his adult son as loans that were repayable on demand and did not bear interest. The Commissioner of Internal Revenue assessed and collected gift taxes on the theory that taxpayer had made gifts to his son of the use of the money loaned. The value of the gift was asserted to be 3½ per cent of the average unpaid balance as of the end of each of the taxable years involved. In a suit to recover the gift taxes paid, the Federal District Court for the Northern …
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A List of Books Received by Michigan Law Review
Periodical Index, Michigan Law Review
Periodical Index, Michigan Law Review
Michigan Law Review
Subject Index of Articles and Comments Appearing in Leading Law Reviews
Front Matter, Michigan Law Review
Front Matter, Michigan Law Review
Michigan Law Review
Front Matter for Volume 65, Issue 4 of Michigan Law Review
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Federal Rule 44.1 And The "Fact" Approach To Determining Foreign Law: Death Knell For A Die-Hard Doctrine, Arthur R. Miller
Michigan Law Review
The objective of this article is to analyze Federal Rule of Civil Procedure 44.1, which was developed as part of the reforms of the last decade and became effective on July 1, 1966 and to assess its capacity to rationalize the process of determining foreign law in the federal courts. What follows is an excursion through the past doctrine and into the probable future treatment of foreign law in the federal courts, an exploration of the interrelationship between the new Rule and other phases of federal civil procedure, and an analysis of the prospect that the Rule's effectiveness may be …